Climate Change

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Apportioning Historical Responsibility After the ICJ’s Climate Advisory Opinion: From Principle to Practice

When the International Court of Justice (ICJ) delivered its Advisory Opinion on Obligations of States in Respect of Climate Change on 23 July 2025, commentators rightly called it a watershed for international environmental law. The Court unanimously confirmed that the customary rules of State responsibility, as reflected in many respects in the ILC’s Articles on State Responsibility (ARSIWA) (para. 407), apply in full to climate harm, rejecting the argument that the climate treaties displace general international law (paras. 171, 420) (see Uriburu and Arato’s discussion of this holding here). It also recognised States’ obligations to protect the climate system as erga omnes, opening standing to invoke responsibility to every State, not only those specially affected (para. 442) (for a critical reading, see here).

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Standing and Remedies in Climate Litigation:  How TotalEnergies Echoes KlimaSeniorinnen

The TotalEnergies climate case, whose merits were partially decided by the Paris Judicial Court in June, illustrates how associations may be the gateway through which rights-based climate cases survive. In that case, local governments and NGOs originally brought claims together against the French oil giant. They argued that TotalEnergies’ statutorily-required due diligence plan was incomplete because it…

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Two Weeks in Review: 13—24 July 2026

The last fortnight has seen commentators focus primarily on conflict, climate, and immigration. A mini-symposium has ranged over a number of legal questions raised by a potential Russia-Ukraine peace treaty: from  VCLT rules on treaty validity and security guarantees, to free economic zones and the question of the reconstruction of Ukraine through seized assets of the Russian Central…

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International Courts Against the Defunding of Climate Science? Revisiting the ICJ’s Climate Change Advisory Opinion

Introduction The first eighteen months of the second Trump administration have witnessed a sustained assault on scientific infrastructures enabling understanding of anthropogenic climate change. This has taken the form of cuts to national science agencies; freezes and dramatic reductions in grants to universities; and attempts to…

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Substantive Implications of the Duty of Vigilance Ruling Against TotalEnergies

In its 25 June 2026 judgment in NAAT et al. v. TotalEnergies, the Paris Judicial Court ordered TotalEnergies to update its vigilance plan within six months to address climate-related risks arising from its Scope 3 emissions—emissions from the combustion of its oil and gas which account for around 90% of its carbon footprint—and to include…

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